The development and execution of this article is based upon
the division of the Village into districts, within which districts
the use of land and buildings, and bulk and location of buildings
and structures in relation to the land, are mutually compatible and
substantially uniform. However, there are certain uses which, because
of their unique characteristics, cannot be properly classified as
unrestricted permitted uses in any particular district or districts,
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities, and of the public need for
the particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses.
A.
The Village Board may, by resolution, authorize the Zoning Administrator
to issue a conditional use permit for either regular or limited conditional
use after review, public hearing and advisory recommendation from
the Plan Commission, provide that such conditional use and involved
structure(s) are found to be in accordance with the purpose and intent
of this Zoning Code and are further found to be not hazardous, harmful,
offensive or otherwise adverse to the environment or the value of
the neighborhood or the community. In the instance of the granting
of limited conditional use, the Village Board in its findings shall
further specify the delimiting reason(s) or factors which resulted
in issuing limited rather than regular conditional use. Such Board
resolution, and the resulting conditional use permit, when, for limited
conditional use, shall specify the period of time for which effective,
if specified, the name of the permittee, the location and legal description
of the affected premises. Prior to the granting of a conditional use,
the Commission shall make findings based upon the evidence presented
that the standards herein prescribed are being complied with.
B.
Any development within 500 feet of the existing or proposed rights-of-way
of freeways, expressways and within 1/2 mile of their existing or
proposed interchange or turning lane rights-of-way shall be specifically
reviewed by the highway agency that has jurisdiction over the traffic
way. The Plan Commission shall request such review and await the highway
agency's recommendation for a period not to exceed 20 days before
taking final action.
C.
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards or parking requirements may be required by the Village
Board upon its finding that these are necessary to fulfill the purpose
and intent of this chapter.[1]
Any person, firm, corporation or organization having a freehold
interest or a possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold interest, or
an exclusive possessory interest, and which is specifically enforceable
in the land for which a conditional use is sought may file an application
to use such land for one or more of the conditional uses provided
for in this article in the zoning district in which such land is located
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 380-43 hereinafter. The Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations. A nonrefundable fee as from time to time determined by resolution of the Village Board shall be paid at the time of application.
All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board, on its own motion, from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 380-41 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
A.
Hearing. Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 2 notice under the Wisconsin Statutes
in the official Village newspaper. Notice of the time, place and purpose
of such public hearing shall also be sent to the applicant, the Zoning
Administrator, members of the Village Board and Plan Commission, and
the owners of record as listed in the office of the Village Assessor
who are owners of property in whole or in part situated within 100
feet of the boundaries of the properties affected, said notice to
be sent at least 10 days prior to the date of such public hearing.
B.
Report of plan commission. The Plan Commission shall report its advisory
recommendations to the Village Board within 30 days after a matter
has been referred to. If such action has not been reported by the
Plan Commission within 30 days, the Village Board can act without
such recommendation.
No application for a conditional use shall be recommended for
approval by the Plan Commission or granted by the Village Board unless
such Commission and Board shall find all of the following conditions
are present:
A.
That the establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
B.
That the uses, values and enjoyment of other property in the neighborhood
for purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use and the proposed use is compatible with the
use of adjacent land.
C.
That the establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
D.
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
E.
That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
F.
That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
G.
That the proposed use does not violate floodplain regulations governing
the site.
H.
That, when applying the above standards to any new construction of
a building or an addition to an existing building, the Plan Commission
and Board shall bear in mind the statement of purpose for the zoning
district such that the proposed building or addition at its location
does not defeat the purposes and objective of the zoning district.
I.
That, in addition to passing upon a conditional use permit, the Plan
Commission and Board shall also evaluate the effect of the proposed
use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shore land location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When an advisory recommendation of denial of a conditional use
application is made, the Plan Commission shall furnish the applicant,
in writing when so requested, those standards that are not met and
enumerate reasons the Commission has used in determining that each
standard was not met. If the Village denies a person's conditional
use permit application, the person may appeal the decision to the
Circuit Court.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 380-43 above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking;
(18)
Duration of conditional use; or
(19)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall
evaluate each application and may request assistance from any source
which can provide technical assistance. The Commission shall review
the site, existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, highway access, traffic generation
and circulation, drainage, sewerage and water systems and the proposed
operation/use.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Village Board after recommendation
from the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Village Board may require the use of certain general types
of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where
a use is proposed to be located on areas indicated as having soils
which are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided which clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter such as lot
width and area, yards, height, parking and loading.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
CONDITIONAL USE
SUBSTANTIAL EVIDENCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A use allowed under a conditional use permit, special exception,
or other special zoning permission issued by a Village, but does not
include a variance.
Facts and information, other than merely personal preferences
or speculation, directly pertaining to the requirements and conditions
an applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of a conclusion.
B.
Application.
(1)
If an applicant for a conditional use permit meets or agrees to meet
all of the requirements and conditions specified in the Village ordinance
or those imposed by the Village Zoning Board of Appeals, the Village
shall grant the conditional use permit. Any condition imposed must
be related to the purpose of the ordinance and be based on substantial
evidence.
(2)
The requirements and conditions described under Subsection B(1) must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The Village's decision to approve or deny the permit must be supported by substantial evidence.
(3)
Where the Village Board has approved or conditionally approved an
application for a conditional use, such approval shall become null
and void within 12 months of the date of the Board's action unless
the use is commenced, construction is underway or the current owner
possesses a valid building permit under which construction is commenced
within six months of the date of issuance and which shall not be renewed
unless construction has commenced and is being diligently prosecuted.
Approximately 45 days prior to the automatic revocation of such permit,
the Zoning Administrator shall notify the holder by certified mail
of such revocation. The Board may extend such permit for a period
of 90 days for justifiable cause, if application is made to the Village
Board at least 30 days before the expiration of said permit.
(4)
Once granted, a conditional use permit shall remain in effect as
long as the conditions upon which the permit was issued are followed,
but the Village may impose conditions such as the permit's duration,
transfer, or renewal, in addition to any other conditions specified
in the zoning ordinance or by the Village Zoning Board of Appeals.
The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this chapter. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the Plan Commission, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 380-43 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 380-42 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 380-43 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that the standards in § 380-43A and B will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
The following public and semipublic conditional uses shall be
conditional uses and may be permitted as specified:
A.
Governmental and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds
and museums in the B-1 Business District and I-1 Industrial District.
B.
Utilities in all districts, provided all principal structures and
uses are not less than 50 feet from any residential district lot line.
C.
Public passenger transportation terminals, such as heliports, bus
and rail depots, except airports, airstrips and landing fields in
the B-1 Business District an the I-1 Industrial District, provided
all principal structures and uses are not less than 100 feet from
any residential district boundary.
D.
Elementary and secondary schools, public, parochial and private,
and churches in the R-1, R-2 and R-3 Residential Districts, provided
the lot area is not less than two acres and all principal structures
and uses are not less than 50 feet from any lot line.
E.
Colleges, universities, hospitals, sanitariums, religious, charitable,
penal and correctional institutions and cemeteries in the A-1 Agricultural
District, provided all principal structures and uses are not less
than 50 feet from any lot line.
F.
Commercial raising, propagation, board or butchering of animals,
such as dogs, mink, rabbits, foxes, goats and pigs; the commercial
production of eggs, and the hatching, raising, fattening or butchering
of fowl in the A-1 Agricultural District.
G.
Pea vineries, creameries and condenseries in the I-1 Industrial District.
H.
Manufacture and processing of abrasives, acetylene, acid, alkalies,
ammonia, asphalt, batteries, bedding, bleach, bone, cabbage, candle,
carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine,
coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant,
dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum,
hair products, ice, ink, insecticide, lampblack, lime, lime products,
linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle,
plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin,
rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch,
stove polish, textiles and varnish. Manufacturing, processing and
storage of building materials, explosives, dry ice, fat, fertilizer,
flammables, gasoline, glue, grains, grease, lard, plastics, shellac,
soap, turpentine, vinegar and yeast. Manufacture and bottling of alcoholic
beverages. Bag cleaning, bleacheries, canneries, cold storage warehouses;
electrical and steam generating plants; electroplating; enameling;
forges; foundries, garbage; incinerators; lacquering; lithographing;
offal, rubbish or animal reduction; oil, coal, and bone distillation;
refineries; road test facilities; slaughterhouses; smelting; stockyards;
tanneries; and weaving in the I-1 Industrial District and shall be
at least 600 feet from residential districts.
I.
Outside storage and manufacturing areas in the I-1 Industrial District.
Wrecking, junk, demolition and scrap yards shall be surrounded by
a solid fence or evergreen planting screen completely preventing a
view from any other property or public right-of-way and shall be at
least 600 feet from residential districts.
K.
Such other uses not specifically enumerated as public or semipublic
conditional uses in the Code of the Village of Monticello which the
Village Board, upon the recommendation of the Plan Commission, determines
may be eligible for consideration as a conditional use.
The following residential and quasi-residential uses shall be
conditional uses and may be permitted as specified:
A.
Two-family dwellings on a lot not less than 10,000 square feet in
area and 100 feet in width in the R-2 Residential District.
B.
Boarding houses and lodging houses in the R-3 Residential District.
C.
Rest homes, nursing homes, assisted living facilities, clinics and
children's nurseries in the R-3 Residential District, provided
all principal structures and uses are not less than 50 feet from any
lot line. HUD-subsidized, low-cost housing for elderly in R-1, R-2
and R-3 Districts.
D.
Home Occupations and home-based professional offices in the R-1,
R-2 or R-3 Residential Districts, as follows:
(1)
Intent. The intent of a home occupation and home-based professional
office conditional use is to provide a means to accommodate a small
family business as a conditional use without the necessity of a rezone
into a commercial district. Approval of an expansion of a limited
family business or home occupation at a future time beyond the limitations
of this section is not to be anticipated; relocation of the business
to an area that is appropriately zoned may be necessary.
(2)
Restrictions on home occupations. Home occupations and/or home-based
professional offices are a conditional use in all Residential Districts
and are subject to the requirements of the district in which the use
is located, in addition to the following:
(a)
The home occupation shall be conducted only within the enclosed
area of the dwelling unit or an attached garage.
(b)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(c)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
(d)
No use shall create smoke, odor, glare, noise, dust, vibration,
fire hazard, small electrical interference or any other nuisance not
normally associated with the average residential use in the district.
(e)
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated. (Cross reference: § 380-68.)
(f)
The use shall not involve the use of commercial vehicles for
more than occasional delivery of materials to or from the premises.
(g)
The Village Board may determine the percentage of the property
that may be devoted to the occupation.
(h)
The home occupation may be restricted to a service-oriented
business prohibiting the manufacturing of items or products or the
sale of items or products on the premises.
(i)
The types and number of equipment or machinery may be restricted
by the Village Board.
(j)
Sale or transfer of the property or change of occupancy shall
cause the conditional use permit to be null and void.
(k)
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation.
E.
Apartments, dwelling units and lodging rooms over business establishments
in the B-1 Business District.
F.
Bed-and-breakfast establishments.
(1)
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential districts pursuant
to this article.
(2)
Definition. "Bed-and-breakfast establishment" means any place of
lodging that provides eight or fewer rooms for rent to no more than
a total of 20 tourists or other transients for more than 10 nights
in a twelve-month period, is the owner's personal residence,
is occupied by the owner at the time of rental and in which the only
meal served to guests is breakfast.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
State standards. Bed-and-breakfast establishments shall comply with
the standards of Chapter ATCP 73, Wis. Adm. Code.
G.
Funeral homes. Funeral homes, provided all principal structures and
uses are not less than 25 feet from any lot line.
I.
Such Other Uses not specifically enumerated as conditional uses in
residential districts in the Code of the Village of Monticello which
the Village Board, upon the recommendation of the Plan Commission,
determines may be eligible for consideration as a conditional use.
The following commercial uses shall be conditional uses and
may be permitted as specified:
A.
Farm machinery and equipment sales and storage, feed and seed stores
not to include grinding operations, food locker plants, wholesaling
and warehousing in the B-1 Business District, provided all principal
structures and uses are at least 50 feet from any lot line.
B.
Drive-in establishments serving food or beverages for consumption
outside the structure in the B-1 Business District.
C.
Motels in the B-1 Business District.
D.
Funeral homes in the B-1 Business District, provided all principal
structures and uses are not less than 25 feet from any lot line.
E.
Drive-in banks in the B-1 Business District.
F.
Vehicle sales, service, washing and repair stations, garages, taxi
stands and public parking lots in the B-1 Business District, provided
all gas pumps are not less than 30 feet from any side or rear lot
line and 20 feet from any existing or proposed street line.
H.
Such other uses not specifically enumerated as highway-oriented conditional
uses in the Code of the Village of Monticello which the Village Board,
upon the recommendation of the Plan Commission, determines may be
eligible for consideration as a conditional use.
The following industrial and agricultural conditional uses shall
be conditional uses and may be permitted as specified:
A.
Animal hospitals in the I-1 Industrial District, provided the lot
area is not less than three acres, and all principal structures and
uses are not less than 100 feet from any residential district.
B.
Dumps, disposal areas and incinerators, pea vineries, creameries
and condenseries in the I-1 Industrial District.
C.
Commercial service facilities, such as fueling stations, in the I-1
Industrial District, provided all such services are physically and
sales-wise oriented toward industrial district users and employees
and other users are only incidental customers.
E.
Such other uses not specifically enumerated as industrial and commercial
conditional uses in the Code of the Village of Monticello which the
Village Board, upon the recommendation of the Plan Commission, determines
may be eligible or consideration as a conditional use.
A.
The following public recreational facilities shall be conditional
uses and may be permitted as specified: archery ranges, camps, conservatories,
driving ranges, firearm ranges, golf courses, riding academies, sports
fields, stadiums and swimming pools in the A-1 Agricultural District,
provided that the lot area is not less than three acres and all structures
are not less than 50 feet from any district boundary.
B.
Commercial recreation facilities, such as arcades, bowling alleys,
clubs, dance halls, driving ranges, gymnasiums, lodges, miniature
golf, physical culture, pool and billiard halls, indoor rifle ranges,
turkish baths, skating rinks and theaters are conditional uses and
may be permitted in the B-1 Business District.
All structures, except ordinary farm fences, are considered
conditional uses.
